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  • Everything You Need To Know About Being A Councillor

    1

    Everything You Need

    To Know About Being

    A Councillor

    DEPARTMENT OF COOPERATIVE GOVERNANCE AND

    TRADITIONAL AFFAIRS

    DATE: DECEMBER 2011, REVISED IN JULY 2016

  • Everything You Need To Know About Being A Councillor

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    Glossary of acronyms

    AFS Annual financial statements

    AG Auditor-General

    ASGISA Accelerated and Shared Growth Initiative of South Africa

    B2B Back to Basics Programme

    CBO Community-Based Organisation

    CBP Community-Based planning

    CCRs Core Competency Requirements

    CDW Community development worker

    CFO Chief Financial Officer

    COGTA KZN Department of Cooperative Governance and Traditional Affairs

    CWP Community Works Programme

    DDMC District Disaster Management Centre

    DG Director General

    DIF District Intergovernmental Forums

    EPWP Expanded Public Works Programme

    EXCO Executive Committee (of Council)

    GDS Growth and Development Summit (June 2003)

    GRAP Generally Recognised Accounting Practice

    GTZ German Agency for Technical Cooperation

    HoD Head of Department

    IDP Integrated Development Plan

    IDS KZN Industrial Development Strategy

    IGR Inter-Governmental Relations

  • Everything You Need To Know About Being A Councillor

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    IGRFA Inter-Governmental Relations Framework Act, 2005

    KPA Key Performance Area

    KPI Key Performance Indicator

    KZN KwaZulu-Natal

    LED Local Economic Development

    LG Local Government

    MEC Member of the Executive Council (of Province)

    MFMA Municipal Finance Management Act, 2003

    MIG Municipal Infrastructure Grant

    MINMEC Meeting of National Minister and MECs

    MM Municipal Manager

    MPRA Municipal Property Rates Act, 2004

    MSA Municipal Systems Act, 2000

    MTEF Medium-term Expenditure Framework

    MTSF Medium-term Strategic Framework

    NEMA National Environmental Management Act, 1998

    NGO Non-Government Organisation

    NIPF National Industrial Policy Framework

    NSDP National Spatial Development Perspective

    PCC Presidents Co-ordinating Council

    PDA KZB Planning and Development Act, No. 6 of 2008

    PDMC Provincial Disaster Management Centre

    PGDS Provincial Growth and Development Strategy

    PIF Premiers / Provincial Intergovernmental Forums

    PMS Performance Management System

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    PR Proportional Representation

    PSEDS Provincial Spatial Economic Development Strategy

    RIDS Regional Industrial Policy Framework

    SALGA South African Local Government Association

    SCOPA Standing Committee on Public Accounts

    SDBIP Service Delivery Budget Implementation Programme

    SETAs Sector Education and Training Authorities

    SMART Specific, Measureable, Attainable, Realistic and Time-related

    SWOT Strengths, Weaknesses, Opportunities, Threats

    WSDP Water Services Development Plan

  • Everything You Need To Know About Being A Councillor

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    TaBlE of conTEnTsMEC Preface 9

    A Guide to the Handbook 11

    The Councillors Mandate 11

    1. INTRODUCTION 16

    1.1 The Importance of good governance 16

    1.2 Context of Governance 16

    1.3 Democratic Principles 17

    1.4 Principles of good governance 18

    1.5 Rule of Law 19

    1.6 Ethics/Public Integrity 19

    1.7 The Responsibility of Local Government 22

    2. NATIONAL AND PROVINCIAL LEGISLATION 23 APPLICABLE TO LOCAL GOVERNMENT

    2.1 Constitution of the Republic of South Africa, 1996 23

    2.2 Municipal Demarcation Act (No. 27 of 1998) 30

    2.3 Municipal Structures Act (No. 117 of 1998) 30

    2.4 Municipal Systems Act (No. 32 of 2000) 36

    2.5 Municipal Finance Management Act (No. 56 of 2003) 43

    2.6 Municipal Property Rates Act (No. 6 of 2004) 49

    2.7 Intergovernmental Relations Framework Act (No. 13 of 2005) 50

    2.8 Legislation Summary 51

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    3. INSIDE COUNCIL 53

    3.1 Structure of Council 53

    3.2 Political Parties within Council 55

    3.3 Political Administrative Interface 55

    3.4 Code of Conduct for Councillors 56

    3.5 Determination of Councillors as Full Time 59

    4. COUNCILLOR OVERSIGHT 61

    4.1 Essential Municipal Oversight Structures 61

    4.2 Standard Reporting Formats 61

    4.3 Municipal SCOPA 62

    5. INTERGOVERNMENTAL RELATIONS 64

    5.1 The Constitution and Intergovernmental Relations 64

    5.2 Intergovernmental Relations Forums 65

    5.3 District Intergovernmental Forum 65

    5.4 The Role of Local Government in Intergovernmental Relations 65

    5.5 The Role of Each Forum 66

    6. MILESTONES 69

    6.1 Drafting and Reviewing of IDP 69

    6.2 Passing of the Budget 69

    6.3 Managing Performance 69

    6.4 Municipal Calendar 70

    7. SERVICE DELIVERY TRENDS 71

    7.1 Helping the Poor (Indigent Policy) 71

    7.2 Delivering Housing 71

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    8. COUNCILLORS AND THE COMMUNITY 74

    8.1 Ensuring Public Participation 74

    8.2 The Role of Ward Committees 75

    8.3 Communicating Regularly 76

    8.4 Community Development Workers 77

    9. MAJOR PROGRAMMES AND SUPPORT FOR LOCAL GOVERNMENT 80

    9.1 The Back to Basics Programme 80

    9.2 Expanded Public Works Programme 84

    9.3 Rural Development Programmes 85

    9.4 Local Economic Development 86

    9.5 Disaster Management 87

    10. FINANCE 92

    10.1 Municipal Finance Management Act 92

    10.2 Matters of Specific Importance to the Mayor 93

    10.3 Matters of Specific Importance to the Councillors 93

    10.4 Auditor Generals Reports 95

    10.5 Supply Chain Management 98

    11.. PERFORMANCE MANAGEMENT 105

    11.1 Introduction 105

    11.2 Legal Framework for Performance Management 105

    11.3 Roles and Responsibilities for Councillors 108

    11.4 Planning in a Performance Management System 109

    11.5 Monitoring in a Performance Management System 113

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    11.6 Measurement in a Performance Management System 113

    11.7 Reporting in a Performance Management System 115

    11.8 Performance Review 117

    12. MUNICIPAL PLANNING 118

    12.1 Strategic Planning 118

    12.2 Spatial Planning 120

    12.3 Statutory Planning 121

    12.4 Development Administration 122

    12.5 Development Information Services 125

    13. CALENDAR OF MILESTONES 126-133

  • Everything You Need To Know About Being A Councillor

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    mEc PrEfacE

    On behalf of the provincial government of KwaZulu-Natal, I offer you my warmest congratulations on becoming a councillor in this fourth decade of democratic local government. Taking public office is one of the most important civic duties anyone can perform. As elected local government leaders you hold a unique position and have the potential to make a real difference to peoples lives.

    Councillors are supposed to play an oversight role on the work done by public servants at local government level. Indeed this oversight role is undermined in cases where councillors do not know where to start in playing this role. As COGTA in line with our mandate to support and capacitate municipalities it is our duty to ensure that this elected cadre of development activists is empowered with the necessary skills and support to lead our communities to a better life.

    As the fourth generation of local government councillors you are entering local government at a time of unprecedented challenge and change, and at times you will face difficult decisions as demand for services increases and while the domestic and global economic environment remain constrained impacting on flow of funds from other spheres of government to local government.

    From the first council meetings councillors will be required to make important decisions in line with the Back to Basics road map on behalf of their communities and take responsibility for those decisions. Those decisions often involve significant use of public money, resources and assets. This Councillor Handbook seeks to help councillors to clearly understand their roles and responsibilities and to develop the skills and knowledge to perform their job well and in the best interest of the community they represent. This Councillor Handbook is intended to provide you with the necessary information that will

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    assist you in discharging your roles and responsibilities. It covers all the essential information about local government. It will enable you to play the oversight role over the administration. It articulates the synergies that are required between councillors and traditional leaders with the common objective of accelerating development. It is a resource that has been packaged for easy reading and can be consulted at any time.

    Councillors need to develop skills in areas that are unfamiliar to them. These may include skills in understanding council meeting procedures, the rules of debate or interpreting financial statements, to name just a few. As a councillor you will be at the forefront of these debates and I hope you find it an exciting and positive place to be.

    Local government is best placed to respond to the challen

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